White v. Wyndham Vacation Ownership, Inc., 09-5626, concerned a challenge to the district court’s grant of summary judgment in favor of the defendants based on a claim of judicial estoppel, in plaintiff’s sexual harassment suit against her former employers seeking $250,000 in compensatory damages and $1 million in punitive damages.  In affirming, the court held that plaintiff asserted a position before the bankruptcy court that was contrary to the position that she asserted before the district court as she did not disclose her sexual harassment claim against defendants in her initial bankruptcy filings.  The court also held that the plaintiff had a motive to conceal and knowledge of the factual basis of her harassment claim, and the evidence plaintiff presented of her attempts to advise the bankruptcy court and the trustee of her harassment claim does not excuse her initial omission.

Japarkulova v. Holder, 09-3583, concerned a petition for review, by a citizen of the Kyrgyz Republic, of an order of the BIA denying her application for asylum.  In denying the petition, the court held that,  although the Board erred by failing to provide a reasoned explanation for its conclusion that petitioner did not experience past persecution, the error was harmless.  The court also held that substantial evidence supports the Board’s conclusion that petitioner did not establish a well-founded fear of future persecution.

Related Resources:

  • Full text of White v. Wyndham Vacation Ownership, Inc., 09-5626
  • Full text of US v. Eubanks, 09-1254
  • Full text of Japarkulova v. Holder, 09-3583

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